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Delegate Marvin Smith.
DELEGATE M. SMITH: Mr. Chairman,
we lawyers in the back row have been sit-
ting here talking, and we were a little bit
concerned about the striking out of the
words "bail" and "collateral," and I won-
der if the lady would accept an amendment
that would, instead of striking out the
words "bail" and "collateral," in lieu
thereof make an insertion that would read
"and the other terms of pre-trial release."
DELEGATE JAMES: "Or terms of pre-
trial release."
THE CHAIRMAN: Do you mean the
word "and" or the word "or"?
DELEGATE M. SMITH: "Or." We were
concerned, Mr. Chairman, about the word
"collateral." There was a feeling that it
was possible that it might have a conno-
tation of other than pretrial release.
THE CHAIRMAN: You think there is
doubt as to whether the expression, "terms
of pre-trial release," encompasses bail and
collateral, or collateral?
DELEGATE M. SMITH: Mr. Chairman,
we were not sure, and as Judge Knox used
to say, out of an abundance of caution we
thought it better to make an amendment.
THE CHAIRMAN: Delegate Bothe, the
suggestion is made that in lieu of striking
the words "bail, collateral and," we leave
those words in, and add to your addition,
before the word "terms," the words "or
other," so the whole sentence would read,
"Commissioners may exercise powers only
with respect to warrants of arrest, bail,
collateral, or other terms of pre-trial re-
lease, or incarceration pending hearing, and
then only as prescribed by rule."
Delegate Bothe.
DELEGATE BOTHE: May I ask Dele-
gate Smith whether his concern is only as
to collateral, or whether he feels that the
words, "terms of pre-trial release," could
also cover cash or money bail?
THE CHAIRMAN: Delegate Smith.
DELEGATE M. SMITH: It would be
my conception that it certainly should
cover bail. My real concern is with the
collateral.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: Might I suggest
that we strike the word "bail," but leave in
the word "collateral"?
THE CHAIRMAN: Delegate Smith.
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DELEGATE M. SMITH: That would be
acceptable to us, I am sure.
DELEGATE BOTHE: That would be
acceptable.
THE CHAIRMAN: In the absence of ob-
jection, the amendment would be modified
again to strike, in line 2, the word "bail,"
leave in the word "collateral," strike the
word "and," and insert the words "or other
terms of pre-trial release, or". Is this the
amendment, Delegate Bothe?
DELEGATE BOTHE: Yes, that is cor-
rect.
THE CHAIRMAN: Is there any objec-
tion to the modification? Is it accepted by
the seconder?
DELEGATE MORGAN: Yes, sir.
THE CHAIRMAN: Delegate Burdette.
DELEGATE BURDETTE: Mr. Chair-
man, before we get lost here, the language
continues, "pre-trial release or incarcera-
tion." The problem here is we do not know
whether it is release or incarceration,
whether that is the same thing. Obviously
they are not. You have to go to the dic-
tionary to tell that.
THE CHAIRMAN: I would suggest,
Delegate Burdette, that that is undoubtedly
the kind of problem that the Committee on
Style could resolve without any difficulty.
DELEGATE BURDETTE: You want to
use the words "pre-trial release, or incar-
ceration pending hearing."
THE CHAIRMAN: I think the intention
is to contrast release and incarceration. Is
that correct, Delegate Bothe?
DELEGATE BOTHE: That is correct.
THE CHAIRMAN: The Chair will re-
state — Delegate Chabot, let me restate the
amendment, first.
The amendment as modified, as the Chair
understands it, will read as follows: On
page 4 section 5.11 Commissioners, in line
2 strike out the word "bail," in line 3 strike
out the word "and" before the word "in-
carceration", and insert in lieu thereof the
words "or other terms of pretrial release,
or."
Delegate Chabot.
DELEGATE CHABOT: Would Delegate
Bathe yield for a question?
THE CHAIRMAN: Delegate Bothe, do
you yield?
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